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HomeMy WebLinkAbout07-69621 aJ M DASHEVSKY, HORWITZ, DISANDRO KUHN AND NOVELLO, P.C. By: JEFFREY S. SHORR, ESQUIRE Identification Number: 58747 1315 Walnut Street, 12th Floor Philadelphia, PA 19103 (215) 546-4488 NANCY L. CALDWELL 17 McBride Avenue Carlisle, PA 17013 VS. CRYSTAL L. GRAHAM 455 Hollowbrook Drive Carlisle, PA 17013 and DOUGLAS K. GRAHAM & CRYSTAL GRAHAM 19 Appaloosa Way Carlisle, PA 17015 MAJOR NON-JURY MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION Docket Number • 07 - (09 (0a• Ci v ? t 7er-w\ CIVIL ACTION COMPLAINT 1. Plaintiff, Nancy L. Caldwell, is an adult individual who resides at 17 McBride Avenue, Carlisle, Pennsylvania 17013. 2. Defendant, Crystal L. Graham, is an adult individual who resides at 455 Hollowbrook Drive, Carlisle, Pennsylvania 19013. 3. Defendant, Douglas K. Graham & Crystal Graham, are adult individuals who reside at 19 Appaloosa Way, Carlisle, Pennsylvania 17015. 4. On or about December 22, 2005, defendant, Crystal L. Graham, did operate, possess and control a certain motor vehicle involved in the accident hereinafter more fully set forth. 5. At all times relevant and material hereto, the motor vehicle operated by defendant, Crystal L. Graham, was owned by defendants, Douglas K. Graham & Crystal Graham, ' lied penrission ° reseed and/ imp crystal L. 'ham' with the eXP ant,wOrkmaft and?or b defendant, Cry Graham, and as the agent, sere and operated by & Crystal at all times in the , Douglas K. Graham & crystal Graham, acting and within the defendant' las K. Graham & Crystal Graham, employee of defendants Douglas D°uglas i{ Graham furtherance of the interests of defendants, course an Crystal and scope of her employe'ent. vehicle being Operated by defendant' date, the on or about the aforesaid its intersection with Hanover Street, public 6• ia, on N East street at or near Commonwealth of Pennsy lvan L, Graham, was traveling Cumberland County, CoYnln rough of Carlisle, Cum ed and Operated that it struck it highways in was so the BO carelessly, recklessly and negligently controll e street lawfully as a pedestrian, when was then and there crossing tl' laintiff, L. Caldwell who Personal injuries to the p plaintiff, Nancy caused serious to the ground, all of which knocking her set forth and negligence of hereinafter more specifically recklessness an the carelessness, t the time and place aforesaid, ? A ants consisted of the foil°wing' h an (a) rate of speed under d excessive the defend automobile at a hig Operating the said autom the circumstances; der proper and adequate vehicle un b) failing to have the said roach; proper and sufficient notice of her app safety and (c) fading to give and for the rights, • n the said vehicle without due reg (d) Operate g laintiff; der the circumstances; position of the p (e) failing to exercise due care and caution under maintain an assured clear distance; (? failing to to maintain a Proper lookout; (g) failing and operated by defendant, Crystal L. Graham, with the expressed and/or implied permission of defendants, Douglas K. Graham & Crystal Graham, and as the agent, servant, workman and/or employee of defendants, Douglas K. Graham & Crystal Graham, acting at all times in the furtherance of the interests of defendants, Douglas K. Graham & Crystal Graham, and within the course and scope of her employment. 6. On or about the aforesaid date, the vehicle being operated by defendant, Crystal L. Graham, was traveling on N. East Street at or near its intersection with Hanover Street, public highways in the Borough of Carlisle, Cumberland County, Commonwealth of Pennsylvania, when it was so carelessly, recklessly and negligently controlled and operated that it struck plaintiff, Nancy L. Caldwell who was then and there crossing the street lawfully as a pedestrian, knocking her to the ground, all of which caused serious personal injuries to the plaintiff, hereinafter more specifically set forth. 7. At the time and place aforesaid, the carelessness, recklessness and negligence of the defendants consisted of the following: (a) operating the said automobile at a high and excessive rate of speed under the circumstances; (b) failing to have the said vehicle under proper and adequate control; (c) failing to give proper and sufficient notice of her approach; (d) operating the said vehicle without due regard for the rights, safety and position of the plaintiff; (e) failing to exercise due care and caution under the circumstances; (f) failing to maintain an assured clear distance; (g) failing to maintain a proper lookout; (h) disregarding traffic controls and conditions; (i) being inattentive; (j) negligently entrusting said vehicle; (k) failing to properly maintain said vehicle; (1) being otherwise negligent under the circumstances; (m) violating the various ordinances and laws of the Borough of Carlisle, County of Cumberland and the statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles; and (n) any other acts or omissions which constitute negligence, carelessness, and/or reckless indifference for the safety of the plaintiff and that are discovered in the discovery process as promulgated by the Pennsylvania Rules of Civil Procedure or at the trial of this case. 8. As a direct result of the defendants' carelessness, recklessness and negligence as aforesaid, plaintiff, Nancy L. Caldwell, sustained severe and permanent internal and external injuries in and about the head, body and limbs, including but not limited to: acute cervical sprain and strain; acute lumbar sprain and strain; post-traumatic cervical radicular pain into the right upper extremity with numbness and tingling; post-traumatic lumbar radicular pain into both lower extremities with numbness and tingling; post-traumatic chest wall contusion with shortness of breath; post-traumatic contusion and sprain and strain of the right elbow, right hip, right pelvis and right knee; post-traumatic C4/C5 disc herniation; post-traumatic C5/C6 disc herniation; post- traumatic pain-induced insomnia; post-traumatic stress and anxiety; post-traumatic emotional and psychological upset and a severe and permanent shock to her nervous system, all of which have caused her and will continue to cause her great pain and agony, and have resulted in a serious and permanent impairment of a bodily function and have prevented her and will continue OW to prevent her in the future from attending to her daily duties and occupation, all to her great financial damage and loss. 9. Further, by reason of the aforesaid, plaintiff, Nancy L. Caldwell, has been obliged to expend various sums of money for medicine and medical attention in and about endeavoring to treat and cure herself of her said injuries, and will be obliged to expend additional sums of money for the same purposes in the future, all to her great financial damage and loss. 10. As a further result of the accident and the injuries sustained therein, plaintiff, Nancy L. Caldwell, has and may suffer an impairment of her future earning capacity and power, which impairment of future earning capacity and power has or may exceed the sums recoverable under the limitations of the Pennsylvania Motor Vehicle Financial Responsibility law. 11. As a direct result of the accident aforesaid, plaintiff has and will hereinafter incur additional financial and/or medical expenses or losses which will exceed amounts which she may otherwise be entitled to recover under the Pennsylvania Motor Vehicle Financial Responsibility Law. 12. At all times relevant and material herein, plaintiff, Nancy L. Caldwell, was deemed to be covered by the "Full Tort" option as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law, thereby entitling her to present a claim for both her economic and non-economic injuries and damages arising from this accident. ,•V WHEREFORE, plaintiff, Nancy L. Caldwell, hereby demands judgment against the defendants, Crystal L. Graham, Douglas K. Graham and Crystal Graham, jointly and/or severally in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. circumstances. DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. BY: 4?-- JEFFREY S. SHORR, ESQUIRE ATTORNEY FOR PLAINTIFF Date: } I -If -a?' DASHEVSKY, HORWITZ, DiSANDRO, KUHN & NOVELLO, P.C. VERIFICATION I, Nancy Caldwell , make this verification subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. The attached pleading is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for the prosecution of this lawsuit. The language contained in the pleading is that of counsel and not mine. I have read the pleading, and to the extent it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the pleading are that of counsel, I have relied upon my counsel in making this verification. X rill /41( a l,( Dated: ?? =?1 8 'y C'i +v c O W < i?t fL?yA -C `-n zi to K { 257231 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 BY Jason P. McNichol], Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) NANCY L. CALDWELL, Plaintiff ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendant, Crystal and Douglas Graham, in the above-captioned matter. 1 0- Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: December 17, 2007 By: Charles E. addick, Jr., Esquire ATTORNEY I.D. NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 John McGrath, Esquire ATTORNEY I.D. NO. 42389 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 2 CERTIFICATE OF SERVICE AND NOW, December 17, 2007, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff) 4Micholl, JasoEsquire PJ 0 ' Q r, : ?. ? co SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06962 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CALDWELL NANCY L VS GRAHAM CRYSTAL L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GRAHAM CRYSTAL L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , GRAHAM CRYSTAL L 455 HOLLOWBROOK DRIVE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge ,?l?f 67 So answers: - _> 18.00 4.80 5.00 R. Thom Kline 10.00 Sheriff of Cumberland County .00 37.80 DASHEVSKY HORWITZ DISANDR 12/07/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06962 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALDWELL NANCY L VS GRAHAM CRYSTAL L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRAHAM CRYSTAL the DEFENDANT at 1900:00 HOURS, on the 6th day of December , 2007 at 19 APPALOOSA WAY CARLISLE, PA 17015 by handing to DOUGLAS GRAHAM, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.72 .00 10.00 .00 22.72 So Answers: R. Thomas Kline 12/07/2007 nn DASHIVSKY HO &I DISANDR Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06962 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALDWELL NANCY L VS GRAHAM CRYSTAL L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GRAHAM DOUGLAS K the was served upon DEFENDANT , at 1900:00 HOURS, on the 6th day of December , 2007 at 19 APPALOOSA WAY CARLISLE, PA 17015 by handing to DOUGLAS GRAHAM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/07/2007 DASHEVSKY HOR DI DR By. 01 Deputy Sheriff of A. D. Dec.28. 2007 '11:15AM DICKIE McCAMEY 717 731 4803 ti'o.7179 P. 3 256912 DICKIE, MCCAMEY & CMLCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tole) NANCY L. CALDWELL, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMA ObD . STIPUI.A?TION By virtue of their signatures, counsel for Plaintiff and Defendants hereby agree and stipulate to the dismissal of Paragraphs 70) and 7(n) from Plaintiff's Complaint Respectfully submitted, DASiIWSKY, HORWrrZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 Counsel for Plaintiff Jason P. Mc icholl, Esquire -? Dickie, Mc ainey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorney for Defendants, Crystal and Douglas Graham a CERTIFICATE OF SERVICE AND NOW, January 15, 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing STIPULATION upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) Jason P. Mccholl, Esquire ?_? ? ,? -?? .T. ?:: c.._ r`'?` ?, ---? f...' ?,f ice. _ ?} ' ? YY ? ? "•: DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) NANCY L. CALDWELL, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Nancy L. Caldwell c/o Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: January, 2008 By: LA- 0 y ff= Charles E. Ha d ck, Jr., Esqui ATTORNEY M. NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 256868 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)731-4803 (Fax) NANCY L. CALDWELL, Plaintiff ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, Crystal and Douglas Graham, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT as follows: 1. After reasonable investigation, Answering Defendants are without information relating to the averments set forth in this paragraph and therefore deny same with strict proof demanded at time of trial. 2. Denied as stated. It is admitted that Crystal L. Graham and Crystal Graham (hereinafter collectively referred to as "Crystal Graham") are the same person. It is denied that Crystal Graham currently resides at 455 Hollowbrook Drive, Carlisle, Pennsylvania. 3. Admitted. 4. The averments set forth in paragraph 4 of Plaintiff's Complaint are admitted only to the extent that Crystal Graham was operating a motor vehicle on December 22, 2005, at the time of the accident. All other averments are denied as conclusions of law with strict proof demanded. 5. The averments set forth in this paragraph are admitted only to the extent that Crystal Graham was operating the motor vehicle involved in the subject accident. All other averments are denied as conclusions of law to which no response is deemed necessary. To the extent that a response is deemed necessary, Crystal Graham specifically denies that she was an agent, servant, workman and/or employee of Defendant, Douglas K. Graham. 6. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary and, without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 7. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary, and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). By way of yet further response, please see executed time-stamped stipulation attached hereto as Exhibit "A." 8. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary, and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 2 9. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary, and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 10. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary, and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 11. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary, and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 12. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed necessary and without waiving the aforementioned, the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Answering Defendants, Crystal Graham and Douglas Graham, respectfully request that this Honorable Court enter judgment in favor of Answering Defendants, together with all allowable costs and attorneys fees. 3 NEW MATTER 13. All averments not specifically admitted above are specifically and unequivocally denied with strict proof demanded at the time of trial. 14. At all times material hereto, Answering Defendants acted reasonably, properly, and prudently. 15. Plaintiff's claims are barred and/or limited by the doctrines of comparative and/or contributory negligence. 16. Plaintiff's claims are barred and/or limited by the doctrine of assumption of the risk. 17. Plaintiff's injuries, which are specifically denied with strict proof demanded, were the result of acts or omissions of persons over whom Answering Defendants had no control or right of control. 18. Plaintiff's injuries, which are specifically denied with strict proof demanded, were caused in whole or in part by persons other than Answering Defendants, over whom Answering Defendant had no control or right of control. Such conduct precludes and/or limits any liability on the part of Answering Defendants, which is specifically and unequivocally denied. 19. Plaintiff's claims are barred and/or limited by the applicable statutes of limitations. 20. All defenses are raised and preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701 et seq. 21. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 4 22. No conduct on the part of Answering Defendants was the proximate cause of Plaintiff's injuries, if any. 23. At no time material hereto did Answering Defendants know or believe that the operation of her vehicle caused a hazard to any other persons. 24. Plaintiff failed to mitigate damages. WHEREFORE, Answering Defendants, Crystal Graham and Douglas Graham, respectfully request that this Honorable Court enter judgment in favor of Answering Defendants, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: JanuaryV , 2008 By: 4 1 Charles E. tyacfdick, Jr., Esquire ATTORNEY I.D. NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham ?xti?s;+ H Defendants 7 ?008 ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED By virtue of their signatures, counsel for Plaintiff and Defendants hereby agree and stipulate to the dismissal of Paragraphs 7(1) and 7(n) from Plaintiff's Complaint Respectfully submitted, Dec-28. 2007 11:15AM DICKIE McCAMEY 717 731 4803 256912 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY LD. NO. 55666 BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tole) NANCY L. Plaintiff v. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Jeffr6 rr `?- DAS SKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 13 15 Walnut Street, 12th Floor Philadelphia PA 19107 Counsel for Plaintiff Jason P. Mc icholl, Esquire`"-- Dic1de, Mc amey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorney for Defendants, Crystal and Douglas Graham -? ? - ? 1 No. 7179 P. 3 CERTIFICATE OF SERVICE AND NOW, January 15, 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing STIPULATION upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) Jason P. Mc fcholl, Esquire DMC-213 VERIFICATION I, Douglas Graham, hereby verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Douglas ,?3/? DMC-213 VERIFICATION I, Crystal Graham, hereby verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. stal Graham "IsAg CERTIFICATE OF SERVICE AND NOW, January -?4 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) Jason P. %licho 1, Esquire _:, t?-} 77 f v -! .. _?l C,,.i ?-.. , . r '"') C.,=.?:1 1 DASHEVSKY, HORWITZ, KUHN AND NOVELLO, P.C. By: JEFFREY S. SHORR, ESQUIRE Identification Number: 58747 1315 Walnut Street, 12' Floor Philadelphia, PA 19103 (215) 546-4488 NANCY L. CALDWELL VS. CRYSTAL L. GRAHAM and DOUGLAS K. GRAHAM & CRYSTAL GRAHAM Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION Docket No. 07-6962 PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 12. Paragraphs 1 - 12 of Plaintiff's Complaint are incorporated herein as though the same were ore fully set forth herein and at length. 13 - 24. Denied. The averments of paragraph 13 - 24 of Defendants' New Matter contain conclusions of law to which no responsive pleading is required under Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded, if relevant, at the time of trial. The remaining averments in said paragraphs are denied in as much as after reasonable investigation answering plaintiff is without knowledge or information sufficient to form a belief as to the truth of same and strict proof thereof is demanded, if relevant, at the time of trial. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court deny and dismiss Defendants' New Matter with prejudice and enter judgement in favor of the plaintiff in accordance with demands set forth in this Civil Action Complaint. DASHEVSKY, HORWITZ, KUHN AND NOVELLO, P.C. BY: JEF Y S. SHORR, ESQUIRE Attorney for Plaintiff(s) .t VERIFICATION JEFFREY S. SHORR, ESQUIRE, verifies that the statements made in this pleading are true and correct. Verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. JE F Y S. SHORR, ESQUIRE DATE: 1 " -18'°b } CERTIFICATION OF SERVICE I, Jeffrey S. Shorr, Esquire, hereby certify that I served a true and correct copy of Plaintiff s Answer to New Matter to the attention of the individuals identified below: Jason P. McNicholl, Esquire Dickie McCamey Public Ledger Building, Suite 901 150 S. Independence Mall West Philadelphia, PA 19106-3409 DASHEVSKY, HORWITZ, KUHN AND NOVELLO, P.C. BY: JEFFREY S. SHORR, ESQUIRE Attorney for Plaintiff(s) Dated: 1/25/07 w ?r--, w 3c co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWEL•L Vs. - NO. 076962 GRAHAM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2.' A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/28/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M348991 By: Dorota Wrzos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. GRAHAM' No. 076962 TO: JEFFREY SHORR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/07/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Dorota Wrzos Enc(s): Copy of subpoena(s) Counsel return card File #: M348991 OF PFNNMVANIA COMM OF CUMBEZaAN D CALDWELL Vs. File No. GRAHAM 076962 ICAL SUBPOENA TO PRODUCE DOCUMENTS TH 1 BILLINNGS REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17013 TO: AZ"i - MEDICAL, RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEEii9 : at _ MEDICAL LEGAL REPRODUCTIONS( 4sV40 DISSTON ST., PHILA., PA -? You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of corrpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (120) days after its service, the party serving thi, subpoena may seek a court orde- carpe 11 i ng you to carp 1 y with it. THIS SU6POENA WAS ISSUED AT THE REST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: nAMD HIT-T, BYPASS TELEPHONE: CAMY HIM, PA 17011 - SUPREME COURT I D# 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-01 DATE : J o2 &-t9 Seal o the Court BY THE COURT:/f Prot erk, ivil Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M348991-01 * * * SIGN AND RETURN THIS PAGE CON ?LM OF PENbU&VANIA COUNTY OF Ci>NIDwdA m CALDWELL ' Vs. GRAHAM Fi le No. 076962 MUD SUBPOENA TO PRODUCE DOCIMEIFWILLING REQUESTED MM-OR FOR DIS00VERY PURSUANT TO RULE 4009.22 TO: CONSERVATIVE ORTHO, 40 BROOKWOOD AVE, CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEEi t s• TrACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIOMS,(AWeSh?40 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrmliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde- cartpe l l i ng you to ccnp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: - 1:2 P HILL BYPASS TELEPHONE: CAMP 17011 SUPREME OOU RT ID g 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-02 DATE : j" // -7&z Seal o the Court BY THE OOUR. Pro tar ivil Division Deputy (Eff. 1/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: CONSERVATIVE ORTHO ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CONSERVATIVE ORTHO CUMBERLAND M348991-02 * * * SIGN AND RETURN THIS PAGE ap ALTH OF PENRMVANIA oouwy OF CI'ID CALDWELL Vs. File No. GRAHAM 076962 SUBPOENA TO PRODUCE DOMNTS 1NINOS ILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 VALLEY MEDICAL GROUP, 411 S FAYETTE ST, SHIPPENSBURG PA 17257 T0: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thi s. SEE ATTACHED ADDENUM at MEDICAL LEGAL REPRODUCTIONS( 4s#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- oampelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: 3:299 nrwrn N11.1, BYPASS TELEPHONE: C P HILL, PA 17011 SUPREME COURT I D# 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-03 DATE :ti J1 1W Seal of the Court BY THE COURT: Pro tary , ivil Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: VALLEY MEDICAL GROUP ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or VALLEY MEDICAL GROUP CUMBERLAND M348991-03 * * * SIGN AND RETURN THIS PAGE OF PFWEMVANIA CI Ewr OF a rdA'ID CALDWELL ' Vs. File No. GRAHAM 076962 SUBPOENA TO PRODUCE DOOQ ENTSMF7fR ILLING REQUESTED FOR DISOONERY PURSUANT TO RULE 84009.22 BELVEDERE VIED CTR, 850 WALNUT BOTTOM RD STE 306, CARLISLE PA 17013 To? AT-=:?ORTHO F. SPTNE PT (Name of Person or Entity) ce of this subpoena, you are ordered by the court to Within twenty (20) days after serviTin produce the following docwmts SEiTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS( dss'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thi-1 request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (120) days after its service, the party serving thi, subpoena may seek a court ordei- co pelting you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: JASON P MCNICHOLL, ESQ ADDRESS: -- 1:-2@9 GMP 1411J. BYPASS CAMP HILL, PA 17011 TELEPHONE: SUPREME COURT ID #215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-04 DATE : J if/1L 1 1 /I I-Jan A Seal of the Oourt BY THE OOURT: Protho&tary/CUK, ?vil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CALDWELL Vs. No. 076962 GRAHAM CUSTODIAN OF RECORDS FOR: BELVEDERE MED CTR ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BELVEDERE MED CTR CUMBERLAND M348991-04 * * * SIGN AND RETURN THIS PAGE oosecaNrtEATITS of parsYivaNrA 000W r of CE240MA M CALDWELL Vs. GRAHAM File No. 076962. SUBPOENA TO PRODUCE DOCU''EN W-at S ILLING REQUESTED FOR DIS00VERY PURSUANT TO RULE 4009.22 DR ALLAN MIRA, C/O MIRA ORTHO, 220 WILSON ST STE 206 TO: -CAR-LIST-7 PA 170- 11 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents 3EE1 AS. at MEDICAL LEGAL R$PRODUCTIONS,(6sj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of camliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde- c=pe l l ing you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE RECAJEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: _ , "^A-141KILL BYPASS CMF HILL, PA 17011 TELEPHONE: SUPREME COURT I D. 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-05 DATE : // J OV Y' Seal of the Oourt BY THE OOURT: Prot tart'/ ivil Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : DR ALLAN MIRA ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ALLAN MIRA CUMBERLAND M348991-05 * * * SIGN AND RETURN THIS PAGE MAWSMak= OF pEtasYivANZA couNr t of (i1BERLAM CALDWELL Vs. GRAHAM Fi le No. 076962 SUBPOENA TO PRODUCE NT MunT ~ ILLING REQUESTED DOCUMFES-W FOR DI90aVERY PURSUANT TO RULE 4009.22 BELVEDERE MED CTR, 850 WALNUT BOTTOM RD STE 306, CARLISLE PA 17013 TO: _A= . XALW= BOTTOM RADIOLOGY (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEEings : _ ATTACHED ADDENDum at MEDICAL LEGAL REPRODUCTIONS( eS#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccnpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order- campe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS :_ 1209 GAMP L BYPASS TELEPHONE: C P HILL, FA 17 011 SUPREME OOURT ID #215 - 3 3 5- 3 212 ATTORNEY FOR : DEFENDANT M348991-06 DATE : 11 .200r' seal of the Oour•t BY THE ODURT: Pro tary/ , ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CALDWELL Vs. GRAHAM No. 076962 CUSTODIAN OF RECORDS FOR: BELVEDERE MED CTR ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE.- I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( } RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BELVEDERE MED CTR CUMBERLAND M348991-06 * * * SIGN AND RETURN THIS PAGE asYLVaNrA rr%&CVAfiM,TS OF C=m OF CI1433aAm CALDWELL Vs. GRAHAM File No. 076962 SUBPOENA TO PRODUCE DO0U ENTSW I SBILLINa REQUESTED FOR DISOOVERY PURSUANT TO RULE 40092 TO: TRISTAN ASSOCS, 2 JENNIFER CT, CARLISLE PA 17013 (Name of Person or Entity) . Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ SEE ATTACHED ADDENDUM at -- MEDICAL LEGAL REPRODUCTIONS,(AWes#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrtpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- om pe l l i ng you to corrp l y with it. THIS SUBPOENA WAS ISSUED AT THE RECAST OF THE FOLLOWING PERSON: NAME: .TAAQN 2 MCNICHOLL, ESQ ADDRESS: - t200 - . :r BYPASS TELEPHONE: CAMP HILL , 17 011 SUPREME OOIBT ID #215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-07 DATE : oZ 111 P Sea 1 of the Curt BY THE OOURT: Prot tart' vil Division Deputy (Eff. 7/9T) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCS ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or TRISTAN ASSOCS CUMBERLAND M348991-07 * * * SIGN AND RETURN THIS PAGE * * * Cosa LTH of P'ENNMVANIA COUNrc OF CUMBERLAND CALDWELL Vs. GRAHAM Fi le No. 076962 Sl.l EMM TO PRODUCE DOCUh XTS OR TH I NGS FOR DISOONERY PURSUANT TO RULE 4009.22 ?: CARLISLE REG VIED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17013 AT=- PERSf.??Ti4ET. DERARTMFNT (Name of Person or Entity) Within twenty. (20) days after service of this subpoena, you are ordered by the court to produce the following docuents or things: SEE ATTACHED at MEDICAL LEGAL REPRADUCTIONS,(ATAPeSA940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court ordei- oazpelling you to ca, 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: jT SoN P MCNICHOLL, ESQ ADDRESS BYPASS TELEPHONE : P HILL, FA 17.011 SUPREME COLT ID #215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT BY THE OOURT- M348991-08 0"o-11 If 'Ar DATE:" it 2 Pro , Ci ii Division ??? • Seal of a 06wt _ Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR ALL COPIES OF RECORDS REARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL EMPLOYMENT APPLICATIONS, W2 FORMS, PAYROLL DOCUMENTS, PERSONNEL FILES, ATTENDANCE SHEETS, CORRESPONDENCE AND MEDICAL RECORDS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M348991-08 * * * SIGN AND RETURN THIS PAGE * * * rnmmr*aWIIs = of PENNSYLVANIA COUNN OF Q14BERrAND CALDWELL Vs. GRAHAM File No. 076962 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOONERY PURSUANT TO F;LLLE 4009.22 US ARMY WAR COLLEGE,.122 FORBES AVE, CARLISLE PA 17013 TO: AT=- DUSLIC ?FFATRG )EPTr-E (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at ~ -- MEDICAL LEGAL RHPRODUCTI0NS,(AVjPas.A940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wi t.h the certificate of cam 1 i ante , to the party making th i request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving 'thi, subpoena may seek a court orde;- oompelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: - TASQX R MCNICHOLL, ESQ ADDRESS: BYPASS CAMP 17011 TELEPHONE: SUPREME COURT ID # 215 -335- 3 212 ATTORNEY FOR: DEFENDANT M348991-09 DATE : /fig 0_p_?_' Seal of the Court BY THE OOLJF Pro tart' C it Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : US ARMY WAR COLLEGE ALL COPIES OF RECORDS REARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL EMPLOYMENT APPLICATIONS, W2 FORMS, PAYROLL DOCUMENTS, PERSONNEL FILES, ATTENDANCE SHEETS, CORRESPONDENCE AND MEDICAL RECORDS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or US ARMY WAR COLLEGE CUMBERLAND M348991-09 * * * SIGN AND RETURN THIS PAGE * * * (NVAmp(@ALTH or FFI?SYLVAATIA cou N r Y OF QUID CALDWELL Vs. GRAHAM Fi le No. 076962 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOONERY PURSUANT TO RULE 4009.22 SAFE AUTO INS CO, PO BOX 182384, COLUMBUS OH 43272 TO: AT= s CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MEDICAL LEGAL REPRODUCTIONS( es#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of canpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea?x le cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order coupe l l ing you to Camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_ JASON P MCNICHOLL, ESQ ADDRESS: BYPASS TELEPHONE: CAMP 17 011 SUPREME OOURT 1 D# 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M348991-10 DATE : lc ) I ? er) P" Seal of the t BY THE COURT: Prot y , C it Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : SAFE AUTO INS CO ALL COPIES OF RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO ALL MEDICAL PAYMENTS, DOCUMENTS, CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS AND ALL BILLING. CLM #237572 PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SAFE AUTO INS CO CUMBERLAND M348991-10 * * * SIGN AND RETURN THIS PAGE * * * . C. C co" 284281 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, PENNSYLVANIA NO. 07-6962 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES AND NOW, comes Defendants, Crystal and Douglas Graham, (hereinafter "Moving Defendants"), by and through their counsel, Dickie, McCamey & Chilcote, P.C., and moves this Honorable Court to compel Plaintiff s discovery responses and in support thereof avers as follows: 1. Moving Defendant propounded Interrogatories and Request for Production of documents upon Plaintiff on or about December 17, 2007. True and correct copies of these discovery requests are attached hereto as Exhibits "A" and "B," respectively. 2. Pursuant to the Pennsylvania Rules of Civil Procedure, answers to the aforementioned discovery requests were due within 30 days of receipt of service. Pa.R.C.P. 4006(a)(2); Pa. R.C.P. 4009.1(2)(a). 3. In an effort to avoid motions practice, Moving Defendant informally requested Plaintiff s discovery responses on or about January 21, 2008. See correspondence attached collectively hereto as Exhibit "C." 4. Plaintiff has not produced her responses to date. 5. Because a response was not received it is assumed concurrence is denied. 6. Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4019, the Court may enter an Order on motion compelling answers to discovery. Pa.R.C.P. 4019. WHEREFORE, Defendants respectfully request that this Honorable Court order Plaintiff to answer the outstanding Interrogatories and Request for Production of Documents. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 15 2008 By: 4A, r V14 k Charles E. H d ick, Jr., Esquire ATTORNE . . NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 2 256916 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY: JASON P. MCNICHOLL, ESQUIRE ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFF TO: Nancy Caldwell c/o Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001 et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have 1 01 possession, custody or control thereof (1) The nature of the document, letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during 2 I • or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present addr6ss and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these 3 Interrogatories have been propounded for and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental under oath containing the same. 4 INTERROGATORIES 1. State: a. Your full name and each other name which you have used or by which you have been known; b. the date and place of your birth; C. your present residence address and each other address and period of time which you maintained that address during the past five (5) years. d. Your Social Security Number; and e. Names of all spouses and the inclusive dates of your marriage relationship as to each spouse named 5 2. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on-the-job, or any other specialized training which you have received. 6 3. State for each employment position held during the five-year period prior to the incident referred to in the Complaint, and since the time of the incident referred to in the Complaint: a. The name and address of your employer; the period of employment, position held, and nature of work being performed; and the name of your immediate supervisor. b. Hours worked per week; and your weekly gross and net income. 7 4. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the trial of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (D), and with regard to each expert state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; C. A summary of the grounds for each opinion; and d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of Interrogatory 5.) 8 5. State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. 9 6. Describe in detail how the incident in question occurred, including exact location and time of same, and the events immediately before, at the time of, and immediately following same. 10 7. Identify each person (by stating the name, last known home and business address) who: a. Actually saw the incident; b. Was present at or near the scene at the time of the incident and witnessed it through sight or hearing; and c. Has any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the incident, the physical conditions existing at the time of the incident or the nature or extent of the injuries or damages sustained. II 8. With respect to each of the witnesses listed in Interrogatory No. 7, please state the following information: a. His/her exact location at the time of the incident; b. His/her activities at the time of the incident; and c. Whether he/she actually saw the incident. 12 9. Do you or anyone acting on your behalf know or believe that any investigations were conducted of the incident which is the subject matter of this action? If so, identify (by stating the name, last known home and business addresses): a. Each person and employer of each person who so conducted investigations: b. If different from the person identified in subpart (a) above, the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. 13 10. State whether you are covered by any type of insurance, including any excess or umbrella insurance in connection with this incident. If so, identify: a. The name and address of the insurance carrier(s), the policy number and the named insured; b. The type of each policy, the amount of coverage provided for injury or damage to each person, each occurrence and in the aggregate for each coverage, and effective dates; C. If coverage is being denied by the company, state the reason which has been furnished for the lack of coverage; d. The amount of coverage provided for injury or damage to each person, for each occurrence and in the aggregate for each policy; e. Each exclusion, if any, in the policy which is applicable or potentially applicable to any claim thereunder and the reasons why You or the company claims the exclusion is applicable; and f. The name, last known home and business address of each person who has relevant knowledge as to the fact and existence of insurance. 14 11. Are you now receiving, or have you ever received, any disability pension, income, or insurance of worlanen's' compensation from any agency, company, person, corporation, State or Government? If so, please state: a. The nature of such payment; b. The date you received such income; C. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, please state the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; h. If so, the nature and extent of such disability. 15 13. Have you, within ten years prior to the subject accident to present, ever applied for any disability pension, income, or insurance of worlanens' compensation from any agency, company, person, corporation, State or Government? If so, please state for each: a. whether the application(s) was accepted or denied; b. the date of filing of application(s); C. a detailed description of injuries or disability for which application(s) was filed; d. a detailed description of how such injury occurred or disability arose, including date of onset of injury or disability, and e. Whether you now have any present disability as a result of such injuries or disability, including date of resolution if the injury or disability has resolved. 16 12. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages you lost and specify the source(s) of any and all lost wages. 17 13. State with particularity the factual basis for each claim or defense you are asserting in this case. 18 14. If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. 19 15. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: a. The nature or type of such item; b. The date when such item was made; C. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. 20 16. If you intend to use any admission(s) of a party at trial, identify such admission(s). 21 17. Please state the name, address and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which plaintiff(s) last consulted any physician for any type of physical complaint and the reason for such consultation. 22 18. Please state for a five (5) year period prior to this or any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in response to any of the preceding interrogatories. 23 19. At the time of the accident referred to in the Complaint, were you under the care of a physician and/or taking any prescription medication? If so, identify the physician and/or the medication, including dosages and times taken. 24 20. Had you consumed any alcoholic beverages within the 24 hours before the accident? If so, please describe. 25 21. Had you consumed any illegal or controlled substances within the 24 hours before the accident? If so, please describe. 26 22. Describe the weather conditions at the time of the accident referred to in the Complaint. 27 23. What was your point of origin and time of departure on the day of the accident referred to in the Complaint and where was you intended destination? 28 24. Have you ever been a member of the Armed Services? If so, state: a. the branch of the military service in which you served; b. the highest military rank you obtained; C. your serial number; d. the inclusive dates of services; e. the type of discharge you received; and f. whether or not you served in combat. 29 25. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: a. the date of the accident; b. the state, county and city, township or borough where the accident occurred; C. the names and addresses of all operators of other motor vehicles involved in the accident; d. a description of the accident; e. the nature of any injuries sustained; f. the names and addresses of all health care providers who treated you for any injuries; and g. the identity of the police force that investigated the accident. 30 26. Have you ever been involved in any other legal action for personal injury, or property damage, either as a plaintiff or as a Defendant? If so, please state: a. The date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. A brief description of each such incident or law suit; and, c. The result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. 31 27. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in the Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. 32 28. At the time of the incident referred to in the Complaint, was your driver license subject to any restrictions or subject to any condition, i.e., corrective lenses required, etc.? 33 29. Did you select full tort or limited tort on your auto insurance? 34 30. State whether you are still under treatment for the injuries alleged to have been sustained in the incident involved in this action. If the preceding answer is in the affirmative, state the name and address of the physician(s) and/or the institution rendering said treatment 35 31. State whether you were confirmed to bed or your home as a result of the injuries alleged to have been sustained in the incident involved in this action. 36 32. Describe any pain, ailment, complaint, injury or disability that you presently have as a result of the incident here involved. 37 33. If you allege that the incident here involved aggravated a pre-existing condition, state: a whether you had recovered from said condition at the time of the incident here involved, and the approximate date of your recovery; b the name and address of each hospital or other institution to which you had gone for examination and/or treatment and the date of your last visit; and c the name and address of each doctor or other person to whom you had gone for examination and/or treatment, and the date of your last visit. 38 34. Have you ever suffered from or received treatment for any of the following: a. Double vision; b Blurred vision; C Instability of balance; d Infection or disease of the inner ear; e Vertigo; f Dizzy spells; g Fainting spells; h Epilepsy; i Apoplexy; j Paralysis; k High blood pressure; 1 Diabetes; m Muscle disorder; or n Brain or nervous disorder 39 35. If so, for each disorder, state: a a description of the disorder; b the date of your last attach prior to the incident c the name and address of each medical practitioner who examined you or treated you for the disorder; d a description of the treatment you received; and e whether you were under treatment at the time of the incident 40 36. Have you been involved in an accident of any kind five years before or after the incident upon which this suit is based? If so, attached a copy of the police report, state the date and place of the accident, the type of accident, what injuries, if any, you sustained, the caption of any suit instituted and the claim number and name of any insurance company against whom you asserted a claim. 41 37. Have you been absent from work at any time or times since the date of the incident set forth in the Complaint? If so, state: a. the date of all absences from work and the reasons therefore; b. your rate of pay and the dates of such absences, whether you received pay for the dates of absence and, if so, for what reasons; C. all hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; and, d. anyone against whom a claim was made, and the court term and number of any claim or lawsuit that was filed, in connection with any such injuries or diseases. 42 38. If you are claiming loss of earnings, profits or earning capacity as a result of the incident, state the total amount of such loss. 43 39. If you have engaged in one or more gainful occupations subsequent to the date of the incident referred to in the Complaint, state: a. the name and address of each of your employers, or, if you are self-employed, each of your business addresses and the name of the business while self- employed; b. the dates of commencement and termination of each of your periods of employment or self-employment; C. or self-employment; and, a detailed description of the nature of your occupation in each employment; and d. the wage, salary, or rate of earnings received by you in each employment or self- employment (attach your federal income tax return for each year subsequent to the incident). 44 40. If you are claiming that you lost any time from school as a result of the incident, state: a. the name and address of the school; b. the year or grade you were in at the time of the incident; C. the dates of total absence; and d. the dates of partial absences. 45 41. If you have sustained any financial losses as a result of the incident other than those covered by the preceding Interrogatories, state in detail the nature, date and amounts of such losses. 46 42. If a claim is made for household help, state: a. the names and addresses of such person employed; b. the period of employment; C. the amount actually paid to each such person; d. whether payment was by check or in cash; e. whether you employed domestic help prior to the incident; and f. the frequency of such prior domestic help. 47 43. If this lawsuit arises from the operation, maintenance or use of a motor vehicle, state whether you have received or believe that you are entitled to receive benefits payable pursuant to the provisions of a policy of insurance as a result of the accident in question. If so, state: a. the name and address of the insurance company which issued each policy of insurance; b. the named insured on each such policy, the policy number and effective date and the claim number under which any such claim is being adjusted by the insurance carrier; C. the limits of liability for medical benefits, income loss benefits, replacement services loss and, if applicable, funeral benefits, available under such policy and attach a copy of the declaration page of such policy; d. the amounts paid to date by any first party carver as a result of the accident, indicating the amounts paid particularly for medical expense, work loss, replacement service loss and, if applicable, funeral benefits; and e. if the first part carrier has not yet paid all amounts which the plaintiffs' claims to be due and owing from it, the basis as explained to plaintiffs for any failure to pay, and, if applicable, whether plaintiffs have instituted any action against such first party carrier to recover benefits and, if so, the caption, and court term and number of said action. 48 44. Do Plaintiffs believe that he or she is entitled to recover benefits from the Assigned Claims Plan created by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a result of injuries sustained in the accident in question? If so, state: a. the identity and address of the claims office through which claim is being made; b. the claim number or other identifying information pertaining to the claim; C. the amounts paid to date by or on behalf of the Assigned Claims Plan as medical expense, work loss and, if applicable, funeral expenses; and d. whether the Assigned Claims Plan has indicated to the plaintiffs a refusal to pay all or any portion of the plaintiffs claim for benefits and, if so, the basis for such refusal - if explained - and, if a lawsuit has been instituted to recover such benefits, the caption of said lawsuit and the court term and number thereof. 49 CERTIFICATE OF SERVICE AND NOW, December 17, 2007, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Maii• Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) 257213 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDIM JR., ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY: JASON P. MCNICHOLL, ESQUIRE ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 ax NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants RANTS' REQUEST FOR PRODUCT] 1. If you object to the production of any documents on the grounds that the attorney/client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) state its date; (b) identify its author; (c) identify each person who prepared or participated in the preparation of the documents; (d) identify each person who received it; (e) identify each person from whom the documents were received; NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1 (f) state the present location of the document and all copies thereof, (g) identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 2. "You" means Plaintiff, Nancy L. Caldwell, or any representative, agent, servant, officer, or employee thereof. 3. "Defendants" means Crystal L. Graham and Douglas K. Graham. DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 4. All medical bills paid or alleged to have been paid by you, which relate to the subject matter of this litigation. 2 5. All photographs, diagrams, maps, drawings or any other item or thing involved in this litigation. 6. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 7. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 8. All documents which you intend to rely upon or introduce at trial of this litigation. 9. A list of the names and addresses of all expert and non-expert witnesses you intend to use during the trial of this case. 10. Any diaries, journals, notes, appointment books produced by Plaintiffs regarding the care and treatment at issue. 11. All tax returns and schedules for five (5) years pre-dating the incident and all tax returns to the present. 12. A true, convect and complete copy of any insurance policies, including the declarations page(s), of any insurance policies covering you or your vehicle, and/or in any way otherwise applicable to the subject accident. 13. Any and all medical records relating to the subject accident. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. 3 Respectfully submitted, DICK, MC Y & CH LCOTE, P.C. Date: December 17, 2007 By: Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 4 CERTIFICATE OF SERVICE AND NOW, December 17, 2007, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) . , . 266 g MM N'"IJ-danicy Jason P. McNicholl Direct Dial: 717-731-4800 Attomey-at-Law Direct Fax :717-731-4803 Admitted in PA jmcnicholl@dmclaw.com January 21, 2008 Jeffrey Shorr, Esquire Dashevsky, Horwitz, DiSandro, Kuhn and Novello, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 RE: Caldwell v. Graham Docket No.: 07-6962 Our File No.: DMC-213 (0053259.0307603) Dear Attorney Shorr: Upon reviewing our files, it has come to our attention that we have not yet received Plaintiff's Answers to Interrogatories and Requests for Production of Documents sent on or about December 17, 2007. Please provide answers to same within twenty (20) days of the date of this letter. I thank you in advance for your attention to this matter. Very truly yours, DIME, MCCAMEY & CHILCOTE, P.C. Jason JPM1jec DICKIE, WCAMEY 6 CHILCOTE, P.C. I ATTORNEYS AT LAW MAIN: 717-7314800 FAX: 717-7314803 11"urgh I Harrisburg I Philadelphia I Washington, D.C. 1200 CAMP HILL BYPASS, SUITE 205 1 CAMP HILL, PA 17011-3700 1 WWW.DMCLAW.COM New Jersey I North Carolina I Ohio I West Virginia CERTIFICATE OF SERVICE AND NOW, March V? 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) 4f NL=, Jason P. ?cNicholl, Esquire r-3 t 1 TOM +f w f -a NANCY L. CALDWELL, Plaintiff VS. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6962 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES ORDER AND NOW, this z o ' day of March, 2008, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Compel ought not to be granted. Said rule returnable twenty (20) days after service. BY THE COURT, Ott tj ' r Ittu igU.4 A r ? pff57 Cp - 90/9 / t !r n, \11t? it ?t?rrl'.J c? :01 v QZ N w?oOZ V Y T 1 :-I ?1 I I;? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. NO. 076962 GRAHAM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/03/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M350214 By: Dorota Wrzos JN TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. GRAHAM No. 076962 TO: JEFFREY SHORR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 03/13/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Dorota Wrzos Enc (s) c Copy of subpoena(s) Counsel return card File #: M350214 COMDNF> 2k= OF PEN MVANIA axwy OF GR ID Fi Is No. 07- G 942 SUBPOENA TO PRODUCE DOCUMENTS *fH 1NOS FOR DISCOVERY PURSUANT TO RILE 4009.22 TO: ORTHO & SPINE PT;x850 WALNUT BOTTOM RD #306, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ SEE ATTACHED ADDE) - at MEDICAL LEGAL REPRODUCTIONS,(AW(hssj940 DISST- You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of camp1iance, to the party making thi request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court orde;- campelling you to ca, ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: _ NAME: JAS=-R MCNIOLL, ESQ ADDRESS: BYPASS It CAMP HILL, PA 17011 TELEPHONE: SUPREME COURT ID 4 215 - 3 3 5- 3 212 ATTORNEY FOR: DATE : l 7 .2 00'` Seal of the Court BY THE rot y C ,*k, Civil Division Deputy (Eff. 7/9T) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : ORTHO & SPINE PT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO & SPINE PT M350214-01 * * * SIGN AND RETURN THIS PAGE * * * N ;; 4 r ft 310173 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) NANCY L. CALDWELL, Plaintiff ATTORNEY FOR: DEFENDANTS CRYSTAL AND DOUGLAS GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, come Defendants, Crystal and Douglas Graham, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within Motion to Make Rule Absolute as follows: 1. Defendant filed a Motion to Compel the plaintiffs answers to Interrogatories and request for production of documents. Exhibit "A." 2. This Court issued a rule upon the plaintiff on March 20, 2008, to show cause why the relief requested within the Motion to Compel should not be granted within twenty days. Exhibit "B." 3. Plaintiff did not oppose the Motion or provide answers to discovery. 4. Consequently, the defendant files the within Motion to Make this Court's Rule absolute. w to WHEREFORE, Answering Defendants, Crystal and Douglas Graham respectfully request that this Honorable Court enter judgment in favor of Answering Defendants, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: May 1 5 , 2008 By: harles E. ddick, Jr., Esquire A ORN Y D. NO. 55666 Jason P. M N' holl, Esquire ATTORNE I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 2 Z Z Ri 9 1 A v w soot A8VL li r NANCY L. CALDWELL, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6962 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, upon consideration of the Motion of Defendants, Crystal and Douglas Graham, to compel the Plaintiff to answer discovery, Plaintiff is hereby ordered to provide answers to the outstanding Defendants' Request for Production of Documents and Interrogatories addressed to Plaintiff within 20 days of the date of this Order, or be subject to further sanctions upon Motion of Defendant. BY THE COURT: Distribution: Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (215) 546-4488 (Counsel for Plaintiff ) Jason P. McNicholl, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Counsel for Defendants) J. Z94281 DICKIL, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax p NANCY L. CALDWELL, IN THE COURT OF COMMON.TPLE OF CUMBERLAND COUNT)E,,J :M Plaintiff PENNSYLVANIA V. NO. 07-6962 < ? CRYSTAL L. GRAHAM AND DOUGLAS CIVIL ACTION - LAW 771 K. GRAHAM & CRYSTAL GRAHAM, _< Defendants JURY TRIAL DEMANDED DEFENDANTS'. MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES AND NOW, comes Defendants, Crystal and Douglas Graham, (hereinafter "Moving Defendants"), by and through their counsel, Dickie, McCamey & Chilcote, P.C., and moves this Honorable Court to compel Plaintiffs discovery responses and in support thereof avers as follows: Moving Defendant propounded Interrogatories and Request for Production of documents upon Plaintiff on or about December 17, 2007. True and correct copies of these discovery requests are attached hereto as Exhibits "A" and "B," respectively. 2. Pursuant to the Pennsylvania Rules of Civil Procedure, answers to the aforementioned discovery requests were due within 30 days of receipt of service. Pa.R.C.P. 4006(a)(2); Pa. R.C.P. 4009.1(2)(a). 3. In an effort to avoid motions practice, Moving Defendant informally requested Plaintiffs discovery responses on or about January 21, 2008. See correspondence attached collectively hereto as Exhibit "C." 4. Plaintiff has not produced her responses to date. 5. Because a response was not received it is assumed concurrence is denied. 6. Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4019, the Court may enter an Order on motion compelling answers to discovery. Pa.R.C.P. 4019. WHEREFORE, Defendants respectfully request that this Honorable Court order Plaintiff to answer the outstanding Interrogatories and Request for Production of Documents. Respectfully submitted, DICKIE, MCCA fEY & CHILCOTE, P.C. Date: March 15 2008 By: r VIA Charles E. H d ick, Jr., Esquire ATTORNE. . NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham 2 256916 DICIQE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY: JASON P. MCNICHOLL, ESQUIRE ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, NO. 07-6962 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED DEFENDANTS' INTERROGATORIES ADDRESSED. TO PLAINTIFF TO: Nancy Caldwell c/o Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001 et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have 1 TA a possession, custody or control thereof (1) The nature of the document, letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during 2 t 0 or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these 3 f Interrogatories have been propounded for and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental under oath containing the same. 4 INTERROGATORIES State: a. Your full name and each other name which you have used or by which you have been known; b. the date and place of your birth; C. your present residence address and each other address and period of time which you maintained that address during the past five (5) years. d. Your Social Security Number; and e. Names of all spouses and the inclusive dates of your marriage relationship as to each spouse named 2. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on-the-job, or any other specialized training which you have received. 6 3. State for each employment position held during the five-year period prior to the incident referred to in the Complaint, and since the time of the incident referred to in the Complaint: a_ The name and address of your employer; the period of employment, position held, and nature of work being performed; and the name of your immediate supervisor. b. Hours worked per week; and your weekly gross and net income. 7 4. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the trial of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (D), and with regard to each expert state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; C. A summary of the grounds for each opinion; and d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of Interrogatory 5.) 8 5. State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. 9 6. Describe in detail how the incident in question occurred, including exact location and time of same, and the events immediately before, at the time of, and immediately following same. 10 7. Identify each person (by stating the name, last known home and business address) who: a. Actually saw the incident; b. Was present at or near the scene at the time of the incident and witnessed it through sight or hearing; and c. Has any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the incident, the physical conditions existing at the time of the incident or the nature or extent of the injuries or damages sustained. 11 8. With respect to each of the witnesses listed in Interrogatory No. 7, please state the following information: a. His/her exact location at the time of the incident; b. His/her activities at the time of the incident; and C. Whether he/she actually saw the incident. 12 9. Do you or anyone acting on your behalf know or believe that any investigations were conducted of the incident which is the subject matter of this action? If so, identify (by stating the name, last known home and business addresses): a. Each person and employer of each person who so conducted investigations: b. If different from the person identified in subpart (a) above, the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. 13 10. State whether you are covered by any type of insurance, including any excess or umbrella insurance in connection with this incident. If so, identify: a. The name and address of the insurance carrier(s), the policy number and the named insured; b. The type of each policy, the amount of coverage provided for injury or damage to each person, each occurrence and in the aggregate for each coverage, and effective dates; If coverage is being denied by the company, state the reason which has been furnished for the lack of coverage; d. The amount of coverage provided for injury or damage to each person, for each occurrence and in the aggregate for each policy; e. Each exclusion, if any, in the policy which is applicable or potentially applicable to any claim thereunder and the reasons why you or the company claims the exclusion is applicable; and f. The name, last known home and business address of each person who has relevant knowledge as to the fact and existence of insurance. 14 11. Are you now receiving, or have you ever received, any disability pension, income, or insurance of worlanen's' compensation from any agency, company, person, corporation, State or Government? If so, please state: a. The nature of such payment; b. The date you received such income; C. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, please state the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; h. If so, the nature and extent of such disability. 15 13. Have you, within ten years prior to the subject accident to present, ever applied for any disability pension, income, or insurance of workmen' compensation from any agency, company, person, corporation, State or Government? If so, please state for each: a. whether the application(s) was accepted or denied; b. the date of filing of application(s); C. a detailed description of injuries or disability for which application(s) was filed; d. a detailed description of how such injury occurred or disability arose, including date of onset of injury or disability, and e. Whether you now have any present disability as a result of such injuries or disability, including date of resolution if the injury or disability has resolved. 16 12. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages you lost and specify the source(s) of any and all lost wages. 17 13. State with particularity the factual basis for each claim or defense you are asserting in this case. 18 14. If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. 19 15. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: a. The nature or type of such item; b. The date when such item was made; C. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. 20 16. If you intend to use any admission(s) of a party at trial, identify such admission(s). 21 17. Please state the name, address and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which plaintiffs) last consulted any physician for any type of physical complaint and the reason for such consultation. 22 18. Please state for a five (5) year period prior to this or any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in response to any of the preceding interrogatories. 23 19. - At the time of the accident referred to in the Complaint, were you under the care of a physician and/or taking any prescription medication? If so, identify the physician and/or the medication, including dosages and times taken. 24 20. Had you consumed any alcoholic beverages within the 24 hours before the accident? If so, please describe. 25 21. Had you consumed any illegal or controlled substances within the 24 hours before the accident? If so, please describe. 26 22. Describe the weather conditions at the time of the accident referred to in the Complaint. 27 23. What was your point of origin and time of departure on the day of the accident referred to in the Complaint and where was you intended destination? 28 24. Have you ever been a member of the Armed Services? If so, state: a. the branch of the military service in which you served; b. the highest military rank you obtained; C. your serial number; d. the inclusive dates of services; e. the type of discharge you received; and f. whether or not you served in combat. 29 25. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: a. the date of the accident; b. the state, county and city, township or borough where the accident occurred; C. the names and addresses of all operators of other motor vehicles involved in the accident; d. a description of the accident; e. the nature of any injuries sustained; f. the names and addresses of all health care providers who treated you for any injuries; and g. the identity of the police force that investigated the accident. 30 26. Have you ever been involved in any other legal action for personal injury, or property damage, either as a plaintiff or as a Defendant? If so, please state: a. The date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. A brief description of each such incident or law suit; and, c. The result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. 31 27. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in the Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. 32 28. At the time of the incident referred to in the Complaint, was your driver license subject to any restrictions or subject to any condition, i.e., corrective lenses required, etc.? 33 29. Did you select full tort or limited tort on your auto insurance? 34 30. State whether you are still under treatment for the injuries alleged to have been sustained in the incident involved in this action. If the preceding answer is in the affirmative, state the name and address of the physician(s) and/or the institution rendering said treatment 35 31. State whether you were confirmed to bed or your home as a result of the injuries alleged to have been sustained in the incident involved in this action. 36 32. Describe any pain, ailment, complaint, injury or disability that you presently have as a result of the incident here involved. 37 33. If you allege that the incident here involved aggravated a pre-existing condition, state: a whether you had recovered from said condition at the time of the incident here involved, and the approximate date of your recovery; b the name and address of each hospital or other institution to which you had gone for examination and/or treatment and the date of your last visit; and c the name and address of each doctor or other person to whom you had gone for examination and/or treatment, and the date of your last visit. 38 34. Have you ever suffered from or received treatment for any of the following:, a. Double vision; b Blurred vision; c Instability of balance; d Infection or disease of the inner ear; e Vertigo; f Dizzy spells; g Fainting spells; h Epilepsy; i Apoplexy; j Paralysis; k High blood pressure; 1 Diabetes; m Muscle disorder; or n Brain or nervous disorder 39 35. If so, for each disorder, state: a a description of the disorder; b the date of your last attach prior to the incident c the name and address of each medical practitioner who examined you or treated you for the disorder, d a description of the treatment you received; and e whether you were under treatment at the time of the incident 40 36. Have you been involved in an accident of any land five years before or after the incident upon which this suit is based? If so, attached a copy of the police report, state the date and place of the accident, the type of accident, what injuries, if any, you sustained, the caption of any suit instituted and the claim number and name of any insurance company against whom you asserted a claim. 41 37. Have you been absent from work at any time or times since the date of the incident set forth in the Complaint? If so, state: ar the date of all absences from work and the reasons therefore; b. your rate of pay and the dates of such absences, whether you received pay for the dates of absence and, if so, for what reasons; C. all hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; and, d. anyone against whom a claim was made, and the court term and number of any claim or lawsuit that was filed, in connection with any such injuries or diseases. 42 38. If you are claiming loss of earnings, profits or earning capacity as a result of the incident, state the total amount of such loss. 43 39. If you have engaged in one or more gainful occupations subsequent to the date of the incident referred to in the Complaint, state: a. the name and address of each of your employers, or, if you are self-employed, each of your business addresses and the name of the business while self- employed; b. the dates of commencement and termination of each of your periods of employment or self-employment; C. or self-employment; and, a detailed description of the nature of your occupation in each employment; and d. the wage, salary, or rate of eamings received by you in each employment or self- employment (attach your federal income tax return for each year subsequent to the incident). 44 40. If you are claiming that you lost anytime from school as a result of the incident, state: a. the name and address of the school; b. the year or grade you were in at the time of the incident; C. the dates of total absence; and d. the dazes of partial absences. 45 41. If you have sustained any financial losses as a result of the incident other than those covered by the preceding Interrogatories, state in detail the nature, date and amounts of such losses. 46 42. If a claim is made for household help, state: a. the names and addresses of such person employed; b. the period of employment; C. the amount actually paid to each such person; d. whether payment was by check or in cash; e. whether you employed domestic help prior to the incident; and f. the frequency of such prior domestic help. 47 43. If this lawsuit arises from the operation, maintenance or use of a motor vehicle, state whether you have received or believe that you are entitled to receive benefits payable pursuant to the provisions of a policy of insurance as a result of the accident in question. If so, state: a. the name and address of the insurance company which issued each policy of insurance; b. the named insured on each such policy, the policy number and effective date and the claim number under which any such claim is being adjusted by the insurance carrier, c. the limits of liability for medical benefits, income loss benefits, replacement services loss and, if applicable, funeral benefits, available under such policy and attach a copy of the declaration page of such policy; d. the amounts paid to date by any first party carver as a result of the accident, indicating the amounts paid particularly for medical expense, work loss, replacement service loss and, if applicable, funeral benefits; and e. if the first part carrier has not yet paid all amounts which the plaintiffs' claims to be due and owing from it, the basis as explained to plaintiffs for any failure to pay, and, if applicable, whether plaintiffs have instituted any action against such first party carrier to recover benefits and, if so, the caption, and court term and number of said action. 48 44. Do Plaintiffs believe that he or she is entitled to recover benefits from the Assigned Claims Plan created by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a result of injuries sustained in the accident in question? If so, state: a. the identity and address of the claims office through which claim is being made; b. the claim number or other identifying information pertaining to the claim; C. the amounts paid to date by or on behalf of the Assigned Claims Plan as medical expense, work loss and, if applicable, funeral expenses; and d. whether the Assigned Claims Plan has indicated to the plaintiffs a refusal to pay all or any portion of the plaintiffs claim for benefits and, if so, the basis for such refusal - if explained - and, if a lawsuit has been instituted to recover such benefits, the caption of said lawsuit and the court term and number thereof. 49 CERTIFICATE OF SERVICE AND NOW, December 17, 2007, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail• Jeffrey Shorr DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) 257213 DICKIEE, MCCAMEY & CED LCOTE, P.C. BY: CHARLES E. HADDIM JR., ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM BY: JASON P. MCNICHOLL, ESQUIRE ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 (Fax) NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, NO. 07-6962 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED INSTRUCTIONS 1. If you object to the production of any documents on the grounds that the attorney/client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) state its date; (b) identify its author; (c) identify each person who prepared or participated in the preparation of the documents; (d) identify each person who received it; (e) identify each person from whom the documents were received; 1 (f) state the present location of the document and all copies thereof; (g) identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 2. "You" means Plaintiff Nancy L. Caldwell, or any representative, agent, servant, officer, or employee thereof. 3. "Defendants" means Crystal L. Graham and Douglas K. Graham. DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attomey(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 4. All medical bills paid or alleged to have been paid by you, which relate to the subject matter of this litigation. 2 5. All photographs, diagrams, maps, drawings or any other item or thing involved in this litigation. 6. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 7. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 8. All documents which you intend to rely upon or introduce at trial of this litigation. 4. A list of the names and addresses of all expert and non-expert witnesses you intend to use during the trial of this case. 10. Any diaries, journals, notes, appointment books produced by Plaintiffs regarding the care and treatment at issue. 11. All tax returns and schedules for five (5) years pre-dating the incident and all tax returns to the present. 12. A true, correct and complete copy of any insurance policies, including the declarations page(s), of any insurance policies covering you or your vehicle, and/or in any way otherwise applicable to the subject accident. 13. Any and all medical records relating to the subject accident. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. 3 Respectfully submitted, DICKIE, MC.. & CHILCOTE, P.C. Date: December 17, 2007 By: Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 Jason P. McNicholl, Esquire ATTORNEY I.D. NO. 89062 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 7314800 Attorn ey for Defendants, Crystal and Douglas Graham 4 CERTIFICATE OF SERVICE AND NOW, December 17, 2007, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shoff DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) I - I i_ k • . f _ l,l f _5r? 3f 1 . 1 } i 1 1' Ps , I. } 3 ,T a I I I I ? ? i 2 2 ' F i 1 i i 1 { a k S l"_ a j •: 1 S h 4 ? • 266 N/,1 CC_; amen M Jason P. McNicholl Attomey-at-Law Admitted in PA January 21, 2008 Jeffrey Shorr, Esquire Dashevsky, Horwitz, DiSandro, Kuhn and Novello, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 RE: Caldwell v. Graham Docket No.: 07-6962 Our File No.: DMC-213 (0053259.0307603) Dear Attorney Shorr: Direct Dial: 717-731-4800 Direct Fax :717-731-4803 jmcnicholl@dmclaw.com Upon reviewing our files, it has come to our attention that we have not yet received Plaintiff's Answers to Interrogatories and Requests for Production of Documents sent on or about December 17, 2007. Please provide answers to same within twenty (20) days of the date of this letter. I thank you in advance for your attention to this matter. Very truly yours, DICK[E, MCCAMEY & CHILCOTE, P.C. Jason JPWjec DICKIE, McCAMEY & CHILCOTE, P.C I ATTORNEYS AT IAW MAIN: 717-7314800 FAIL 717-7314803 Pittsburgh I Harrisburg I Philodelphlo I Washington, O.C 1200 CAMP HIP. BYPASS, SUITE 205 1 CAMP HILL, PA 17011-3700 I WWW.DMCLAW.COM New Jersey I North Carolina I Ohio I West Virginia % CERTIFICATE OF SERVICE AND NOW, March 1'?; 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff) 4f mt=, Jason P. ?cNicholl, Esquire Vic-a'13 t . NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-6962 CIVIL CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES ORDER AND NOW, this 7-o ' day of March, 2008, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Compel ought not to be granted. Said rule returnable twenty (20) days after service. BY THE COURT, CERTIFICATE OF SERVICE AND NOW, May , 2008, I, Jason P. McNicholl, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) Jason P. icholl, Esquire s CSti N S ` A NANCY L. CALDWELL, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6962 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANnFn ORDER AND NOW, this Z &J- day of 2008, upon consideration of Defendants' Motion to Make Rule Absolute regarding Motion to Compel Plaintiff s Discovery Answers, it is it is hereby ORDERED and DECREED that Defendant's Motion is GRANTED and Plaintiff is required to answer interrogatories and request for production of documents within twenty (20) days of the date of this Order, or be subject to further sanctions upon Motion of A defendants. MAY1 9 BY THE COURT: lvels w s3 cop - S ri G c?: I 1 ??? ZZ ??? s00Z L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. NO. 0'6962 GRAHAM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4.. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/23/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT File #: M351964 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Dorota Wrzos ,?. ?,.?,?,p? :.. ,?'°"`? n a< ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. GRAHAM No. 076962 TO: JEFFREY SHORR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 05/02/08 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Dorota Wrzos Enc(s): Copy of subpoena(s) Counsel return card File #: M351964 OF PENNSYLVANIA COUNTY OF C[?IDEE2IA1?ID CALDWELL Vs. GRAHAM . File No. 07AAA2 SUBPOENA TO PRODUCE DOCUMENTS BILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 T0: APPALACHIAN ORTHO CTR, 1 DUNWOODY DR, CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONSXAaNC6ss4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of arrpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onabie cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- c= pelting you to cartply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P "-T.T?^.zT.OLL, ESQ ADDRESS: 1200 CAMP HILL BYPASS TELEPHONE : CAMP HILL, PA 17 011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M351964-01 DATE : i2bt-i ?d Seal df the Court BY THE OOURT: Pr6tfiono tary 11 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CALDWELL Vs. GRAHAM I No. 076962 CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHO CTR COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL MEDICAL CONSULTATIONS, CORRESPONDENCE, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and . belief all documents or things above mentioned have been produced. [ I NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or APPALACHIAN ORTHO CTR CUMBERLAND M351964-01 * * * SIGN AND RETURN THIS PAGE * * * COMMMU ALTH OF P'ENNMVANIA COOLJi'Y OF CALDWELL Vs. GRAHAM Fi le No. 0769F? SUBPOENA TO PRODUCE D=j ENTSJWW BILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: BUREAU OF WORKERS COMP, 1171 S CAMERON ST RM 103, HARRISBURG PA 17104- Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: _ SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,(AV*3*ss$940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- carpe 11 i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME' = BON nICOLL, ESQ ADDRESS: 1200 CAMP HILD BYPASS TELEPHONE: CAMP HILL, PA 17011 SUPREME OOURT I D# 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M351964-02 DATE : ./ .S'. Seal f th Oourt BY THE OOL Prot tars it Division Deputy (Ef f . -1/9T) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: BUREAU OF WORKERS COMP ANY AND ALL COPIES OF RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, CLAIM FORMS, MEDICAL RECORDS, MEDICAL REPORTS, BILLING RECORDS AND MEMORANDUMS. CLAIM #WC390-423542 PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ J NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BUREAU OF WORKERS COMP CUMBERLAND M351964-02 * * * SIGN AND RETURN THIS PAGE * * * k ? s s 359707 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Charles E. Haddick, Jr., Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 55666 CRYSTAL AND DOUGLAS GRAHAM James DeCinti, Esquire ATTORNEY I.D. NO. 77421 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax NANCY L. CALDWELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff V. CRYSTAL L. GRAHAM AND DOUGLAS K. GRAHAM & CRYSTAL GRAHAM, PENNSYLVANIA NO. 07-6962 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED WITHDRAWIENTRY OF APPEARANCE TO THE PROTHONOTARY: Please WITHDRAW the appearance of Jason McNicholl, Esquire and ENTER the appearance of James DeCinti, Esquire as counsel for Defendants, Crystal and Douglas Graham, in the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 2, 2008 By: Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 James DeCinti, Esquire ATTORNEY I.D. NO. 77421 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Crystal and Douglas Graham CERTIFICATE OF SERVICE AND NOW, October 2, 2008, I, James DeCinti, Esquire, hereby certify that I did serve a true and correct copy of the foregoing WITHDRAW/ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeffrey Shorr, Esquire DASHEVSKY, HORWITZ, DISANDRO, KUHN AND NOVELLO, P.C. 1315 Walnut Street, 12th Floor Philadelphia PA 19107 (Counsel for Plaintiff ) ? hll?' r I J DeCinti, Esquire r-13 I'D r? C-1 rr t? co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. NO. 076962 GRAHAM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/04/08 JASON P MCNICHOLL, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3500 ATTORNEY FOR DEFENDANT File #: M357417 INQUXRIES SHOUM BZ ADDRZSSZD TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Eileen Porowicz ,F N? ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CALDWELL Vs. GRAHAM I No. 076962 TO: JEFFREY SHORR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 10/14/08 JASON P MCNICHOLL, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Eileen Porowicz Enc (s) : Copy of subpoena(s) Counsel return card File #: M357417 COMMONWEALTH OF PENNSYLVANIA COUN rY OF-CUMBEREAM CALDWELL . Vs. Fi Is No. 076962 GRAHAM ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 WALNUT BOTTOM RADIOLOGY, C/O BELVEDERE MED CTR, 850 WALNUT BOTTOM RD TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents og&ng?,.;,_1Al,tiLL DDE D f r -- '? AJ at _ MEDICAL LEGAL REPRODUCTIONS, (AWC&S?940 DISST ST., PHILA., - You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of -canpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or (20) days diter its service, the party canpe,lIing you to ca. ly with it. things required by this subpoena within twenty serving thin subpoena may seek a court orde;- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS : _ 4200 CRUMS MILL RD 17112 TELEPHONE: SUPREhE OOURT ID # - - ATTORNEY FOR: DEFENDANT M357417-02 DATE : p Att,?... /u4oP Seal of the Court BY THE QOURT• Prot tary vi1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CALDWELL Vs. No. 076962 GRAHAM CUSTODIAN OF RECORDS FOR : WALNUT BOTTOM RADIOLOGY COPIES OF THE FOLLOWING RADIOLOGY STUDIES: 1/18/06: MRI LUMBAR AND CERVICAL SPINE PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or WALNUT BOTTOM RADIOLOGY CUMBERLAND M357417-02 * * * SIGN AND RETURN THIS PAGE * * * C944ja[».TS OF PENNSYLVANIA COUNTY OF CALDWELL Vs. GRAHAM File No. 076962 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROI)U E DOCUPENTS OR TH I NOS FOR DISOO'VERY PURSUANT TO RULE 4009.22 TO: TRISTAN ASSOC, 2 JENNIFER CT, CARLISLE PA 17015 (Name of Person or Entity) Within tyienty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o? nj;iTACH i _ EW ADDENDUM at _?? 44 MEDICAL LEGAL REPRODUCTIONS,(AId P ?`'Ess)940. DISSTON ST., . , --? You may deliver or mail legible copies of the documents or produce things requested b: this subpoena, together with the certificate of carpliance, to the party making thin request at the address listed above. You have the right to seek in advance the rea,-onable cost of preparing the copies or producing the things sought. . If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order om pe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom; JASON P MCNICHOLL, ESQ ADDRESS : 42 0 0 CRrJMS MILL RD RRISBURG - P 17112 TELEPHONE: 215- - SUPREME OOURT ID 4 ATTORNEY FOR: DEFENDANT M357417-03 DATE: 0,1za..' ?? -t0-01- Seal of the bourt BY THE OOIJRT : Prot yjCl it Division Deputy' (Eff. 1/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : TRISTAN ASSOC COPY OF THE RADIOLOGY STUDY OF: 4/5/07: MRI LUMBAR SPINE PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or TRISTAN ASSOC CUMBERLAND M357417-03 * * * SIGN AND RETURN THIS PAGE * * * CMf4X0 MM OF PENNSYLVANIA COUNTY of CALDWELL Vs. GRAHAM File No. 076962 ORIGINAL X-RAYS REQUESTED MEDI SUBPOENA TO PRODUCE DOCUMENTS OR TIC L BILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) VALLEY MED GROUP, 411 S FAYETTE ST, SHIPPENSBURG PA17257 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or St - at _ MEDICAL LEGAL REPRODUCTIONS ,(Ad9Ce,ssj940 DISST N ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of canpliance, to the party making thin request at the address listed above. You have the right to seek in advance the rea^.onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- oame I l i ng you to carte l y with it. THIS SAWMNA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; JASON P MCNICHOLL, ESQ ADDRESS : - 42 0 0 CRUMS MILL RD HP.RRISBURG7 RA 17112 TELEPHONE: 1 - - SUPREME OOURT,ID ATTORNEY FOR: DEFENDANT BY THE OOURT: M357417-04 % - k7i,:; - Pro tart'/C1 Ci it Division DATE : 0 c?,u-P? ? ? .2 trod Sea) of the Court Deputy (Eff. 1/9T) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR: VALLEY MED GROUP ***SEE ATTACHED ADDENDUM*** PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or VALLEY MED GROUP CUMBERLAND M357417-04 * * * SIGN AND RETURN THIS PAGE * * * ADDENDUM VALLEY MEDICAL GROUP ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING NANCY L CALDWELL FROM BEFORE 12/22/05 TO PRESENT. INCLUDING, BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS C0bf4 NWEAITH OF PENNSYLVANIA COUNTY OF CEDGMEdAM CALDWELL Vs. GRAHAM Fi Is No. 076962 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DgIMNTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN: EMPLOYEE HEALTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena,,you are ordered by the court to produce the following documents nX;, at _ MEDICAL LEGAL REPRODUCTIONS, (A Ce,ss)940 DISSTON ., ^ - You' may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrtpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea,onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days ,after its service, the party serving thin subpoena may seek a court orde:- carpe l l i ng you to ca, l y with 'i t . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:- JASON P MCNICHOLL, ESQ ADORESS : 4 2 0 0 CRUMS MILL RD INA.RRISBURG,* PA 17112 TELEPHONE: SUPREME OOURT ID ATTORNEY FOR: DEFENDANT M357417-05 DATE : 6 Gt? j a ? Oti 8 Seal of the Court BY THE OOURT: Prot tary/C vi 1 Division Deputy (Eff. 7/97) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : CARLISLE REG MED CTR ANY AND ALL COPIES OF BILLING RECORDS REGARDING NANCY L CALDWELL FROM 12/22/05 TO PRESENT: POLICY NUMBER: 190568344 PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M357417-05 * * * SIGN AND RETURN THIS PAGE * * * (YS&AWIDALTH OF PENNSYLVANIA 000N rY OF CUMERI LAM CALDWELL Vs. GRAHAM File No. 076962 NOS BILLING REQIIESTED MEDICAL SUBPOENA TO PRODUCE DOCIVENTS OR I FOR DISCOVERY PURSUANT TO RULE 4009.22 GATEWAY HEALTH PLAN, PO BOX 11718, ALBANY NY 12211 TO: ATTN: CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents inT at MEDICAL LEGAL REPRODUCTIONS, (dI1?ICess?940 DIS T . , PHILA . , dddrr' You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrmliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onabic- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- compelling you to ca, ly with it. THIS SUBPOW WAS ISSUED AT THE REQUEST OF THE FOLLOW IN© PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: _ . t 42.00 CRUMS MILL RD --1EARaISBURG,' RA 17112 TELEPHONE: supra E COURT ID # ATTORNEY FOR: DEFENDANT BY THE COURT: M357417-06 Prot fury/C1 1 Division DATE : / 7• .2 aoy Seal of the Court Deputy (Eff. 7/9T) CALDWELL Vs. GRAHAM ADDENDUM TO SUBPOENA No. 076962 CUSTODIAN OF RECORDS FOR : GATEWAY HEALTH PLAN ANY AND ALL COPIES OF BILLING RECORDS REGARDING NANCY L CALDWELL FROM 12/22/05 TO PRESENT: POLICY NUMBER: 22438561 PERTAINING TO: NAME: NANCY L CALDWELL ADDRESS: DATE OF BIRTH: 04/22/65 SSAN: XXXXX8344 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or GATEWAY HEALTH PLAN CUMBERLAND M357417-06 * * * SIGN AND RETURN THIS PAGE * * * f RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 CALDWELL NANCY L (VS) GRAHAM CRYSTAL L ET AL Case Number 2007-06962 Received of PD MEDICAL LEGAL REPRODUCTIONS JM Total Non-Cash..... + 18.00 Check# Total Cash......... + .00 Change ............. - .00 Receipt Date 10/17/2008 Receipt Time 10:55:13 Receipt No. 216032 24978 Receipt total...... = $18.00 ------------------------ Distribution Of Payment ----------------------=----- Transaction Description Payment Amount SUBPOENA 18.00 CUMBERLAND CO GENERAL FUND $18.00 1 ]"1 v A t}..i. ?4 DASHEVSKY, HORWITZ, KUHN AND NOVELLO, P.C. By: JEFFREY S. SHORR, ESQUIRE Identification Number; 58747 1315 Walnut Street, 12" Floor Attorney for Plaintiff Philadelphia, PA 19103 (215) 546-4488 NANCY L. CALDWELL : COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION VS. CRYSTAL L. GRAHAM . Docket No. 07-6962 and DOUGLAS K. GRAHAM 8E CRYSTAL GRAHAM ( ER 19 $EJILE, D S °I' N E AN END TO THE PROTHONOTARY: Kindly mark the above matter "SETTLED, DISCONTINUED AND ENDED", upon payment of your casts only. DASHEVSKY, HORWITZ, KU IN AND NOVELLO, P.C. BY: JE -)IRE Attorney for Plaintiff OF THE F, r `''::"IiMY 2 DD9 NP, Y 13 P f i 12: c 3